Opponents point to the university’s “community covenant”
Trinity Western University’s proposed law school has come under heavy criticism from the Council of Canadian Law Deans (CCLD), who argue the school discriminates against homosexuals and is therefore “fundamentally at odds with the core values of all Canadian law schools,” according to Bill Flanagan, president of the CCLD, as quoted by The Vancouver Sun. At issue is the Christian university’s “community covenant,” which all faculty and students must sign. Along with stipulations that students “cultivate Christian virtues” and “support other members of the community,” they are also obligated to abstain from lying, stealing, and “sexual intimacy that violates the sacredness of marriage between a man and a woman.” Students are expected to follow these expectations both on and off the TWU campus.
In response to TWU’s plan to create the law school on its Langley campus, the CCLD sent a letter to the Federation of Canadian Law Societies (FCLS), whose National Committee on Accreditation is involved with the administration of Canadian law societies. Bill Flanagan, president of the council and dean of law at Queen’s University, said in an interview with The Toronto Star, “In our view, this is a covenant that clearly contemplates discrimination on the basis of sexual orientation . . . and it permits disciplinary measures against gay and lesbian students up to and including expulsion.”
This is not the first time that the university’s policies have been questioned. In 2001, the British Columbia College of Teachers rejected TWU’s application for certification of its teachers training program because its covenant was not congruent with the BCCT’s anti-discrimination policy. This rejection was overturned by the Supreme Court of Canada, who found that “the Council of the B.C. College of Teachers . . . erroneously concluded that equality of rights on the basis of sexual orientation trump freedom of religion and association. They do not.”
Twelve years later, Trinity’s proposal presents a similar challenge. Despite being “consistent with federal and provincial law”, the Covenant’s interdiction of homosexual relationships still faces fierce opposition. “The covenant is deplorable,” stated Dr. Sam Black, an associate professor of philosophy at Simon Fraser University. “This is because the restriction on gay sex is both highly intrusive and discriminatory while also having no conceivable pedagogic rationale.”
Despite similar criticism, Trinity Western claims that it should not be judged on one clause alone. TWU, which just received its seventh consecutive A+ rating for its Quality of Teaching and Learning from The Globe and Mail, released a press statement clarifying the issue: “There is no anti-gay or discriminatory language in TWU’s Community Covenant.”
Furthermore, the release insists that the law school would be a huge asset to BC and to
Canada, addressing areas of real need in Canadian law school education at no cost to taxpayers. SFU’s Dr. Brook Pearson, a professor of humanities at SFU, provides a voice of moderation: “My initial knee-jerk reaction was to be angry and upset . . . but then I took a step back and I thought, there is no such thing as a Christian lawyer. There are lawyers who are Christians. They still have to go through the same process to become accredited.”
“The issue is a storm in a tea kettle,” he continued. “And the fact that it is a storm in a tea kettle is the issue. The place of religion is not something we’re allowed to talk about.” A decision on TWU’s proposal is expected within 6–12 months, and if accepted the university will welcome its first law students in fall 2015.
